Creation of a new ground for refusal of execution of the european arrest warrant by case-law: the existence of a serious, chronic and potentially incurable disease - a possible impunity? Effects on public safety.


  • Simona Franguloiu



Union law; European arrest warrant; Risk of impunity; Public safety.


In the Advocate General's view, the executing court must in principle respect the (exhaustive) grounds for non-execution expressly provided for in Framework Decision 2002/584 (Articles 3, 4 and 4a), i.e. grounds strictly related to the offences prosecuted and the progress of the criminal proceedings against them and only in exceptional circumstances, where there are sufficient grounds for assessing a serious risk of a breach of Articles 3 or 4 of the Charter for reasons inherent in the state of health of the sought person, which endangers his life, the executing court may, after receiving relevant information from the issuing court and insofar as the serious risk persists, suspend the execution of the EAW (European Arrest Warrant) already decided, but not lead to its refusal. The exceptional character would result not so much from the general conditions of detention or medical care in the issuing Member State itself, but from the surrender itself, in so far as it could, as such, imminently endanger the life, physical integrity or health of the sought person. Likewise, the circumstances of the case do not allow the surrender to be classified as inhuman treatment, since there are no indications to date to suggest that the wanted person will not receive the necessary medical care in the issuing State.

Author Biography

Simona Franguloiu

Contributor Transilvania University Brasov

Trainer National Institute of Magistracy


Monographs, articles, studies

Cesare Beccaria, Dei delitii e de le pene, published by Editura Științifică, Bucharest, 1965;

Bitanga, Marijan; Franguloiu, Simona; Sanchez-Hermosilla, Fernando, Guide on the procedural rights of suspected or accused persons: the right to information and the right to translation and interpretation, Onești, Magic Print Publishing House, 2018, also available =ed8a8a52-4047-41cb-84d2-d979daa45d72 and at /api/v1/download/by_token2/43c39ec2a1438c3a9383f6be2809d5ec3b261c3a82cc39bc3a0c3aa2a46e032b14c2b12e6259e2809aca9212d;

Dongoroz, Vintilă, Criminal law, reprint of the 1939 edition, Romanian Association of Criminal Sciences, Bucharest, 2000;

Craig, Paul; de Burca, Grainne, European Union Law, Commentaries, case law and doctrine, Hamangiu Publishing House, Bucharest 2017;

Pătrăuș, Mihaela, International judicial cooperation in criminal matters. Compendium. Legislation, in doctrine, European and national case law, Universul Juridic Publishing House, Bucharest, 2021;

Thomas Wahl, Commission and Council Discuss Way Forward on Pre-Trial Detention and Detention Conditions,


Treaty on European Union, OJEU, Series C 326/13 of 26.10.2012, .0001.02/DOC_1&format=PDF;

Treaty on the Functioning of the European Union, OJEU, Series C 326/47 of 26.10.2012;

Charter of Fundamental Rights of the European Union, OJEU, Series C 326 of 26.10.2012;

Council Framework Decision 2002/584 on the European Arrest Warrant on surrender proceedings in Member States, as amended by Council Framework Decision 2009/299/JHA, ?uri=CELEX:02002F0584-20090328&from=RO ;

European Parliament and Council Directive 2014/42/EU on the freezing and confiscation of instruments and other proceeds of offences within the European Union; the Commission Report to the EP and the Council on the implementation of the Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on countering fraud against the Union's Financial Interests by the use of criminal law means, COM(2022) 466 final, available https://eur-lex.Europa .eu/legal-content/RO/TXT/HTML/?uri=CELEX:52022DC0466

Law No 69 of 2005, 005G0081/sg

Case law

Joined Cases C-404/15 and C-659/15 PPU;jsessionid=CDACAD4C9C3CA3FEFF2A8C686F8607F1?text=&docid=272583&pageIndex=0&doclang=RO&mode=req&dir=&occ=first&part=1&cid=1863728




How to Cite

Franguloiu, S. . (2023). Creation of a new ground for refusal of execution of the european arrest warrant by case-law: the existence of a serious, chronic and potentially incurable disease - a possible impunity? Effects on public safety . International Journal of Legal and Social Order, 3(1).